Jul. 1, 2013

Detroit mayoral candidate Tom Barrow talks about the Michigan Court of Appeals decision that Mike Duggan is not eligible to run for mayor of Detroit because he did not meet city residency requirements in front of the Manoogian Mansion in Detroit on Tuesday, June 18, 2013. / Romain Blanquart/ Detroit Free Press

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Detroit Free Press Staff Writer

Four-time mayoral candidate Tom Barrow is asking Detroit City Clerk Janice Winfrey not to allow Mike Duggan to proceed with a write-in campaign for mayor, saying a recent ruling by a Wayne County judge forbids Duggan from being on the Aug. 6 primary ballot.

A letter sent to Winfrey, dated Sunday, says Wayne County Circuit Judge Lita Popke’s ruling prohibits the city “from taking any actions inconsistent with this order,” referring to her decision to declare Duggan ineligible to run in the primary election, which narrows the field of candidates to two for the Nov. 5 general election.

“Mike Duggan is ineligible to be a candidate and the city clerk is enjoined from moving any candidacy forward,” Barrow spokesman Geoffrey Garfield said Monday. “From our interpretation, that includes a write-in campaign in the primary election.”

Duggan’s campaign denounced the move and threatened to seek sanctions against Barrow’s lawyers if they pursue the matter.

Melvin (Butch) Hollowell, a legal adviser for the Duggan campaign, said Monday that Barrow’s assertion is incorrect and “really repugnant to the whole notion of letting the people decide.”

“Clearly the judge’s order dealt with eligibility for the written ballot,” Hollowell said. “It had nothing to do with any write-in candidacy. If anything gets filed along those lines, we will go the extraordinary step of seeking sanctions against Mr. Barrow’s attorney” based on court rules against bringing frivolous lawsuits.

“It is such a nonsensical matter and clearly not reflective of the court’s ruling,” he added, “and clearly it’s another effort to deny the citizens of Detroit access to the ballot.”

Winfrey said she referred the letter to the city’s law department for review. She declined further comment.

If Barrow’s claims are upheld — and Garfield said Barrow would sue to enforce it — the move would preclude a vital part of Duggan’s strategy, which he outlined last week. Duggan said he was convinced by supporters to wage a write-in campaign, and he hoped to place in the top two Aug. 6 so his name would be on the November ballot.

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The Michigan Court of Appeals upheld Popke’s ruling tossing Duggan off the ballot, removing one of two front-running candidates leading in polls and attracting significant campaign cash. Former Detroit Medical Center CEO Duggan and Wayne County Sheriff Benny Napoleon had traded the lead in polls for months.

Garfield said Duggan is free to run in the November general election, but a win at that point could be far more difficult to pull off. Only the top two winners from the primary election are placed on the November ballot, with Duggan hoping enough voters would write in his name to make him one of the two.

Just days after Duggan announced he would not run following the appeals court ruling, a poll by Main Street Strategies found Napoleon with a convincing lead that pollster Joe DiSano called “a blowout.”

About 54% of voters said they would choose Napoleon, followed by former state Rep. Lisa Howze at 15%, Barrow at 14%, former Detroit corporate counsel Krystal Crittendon at 13% and state Rep. Fred Durhal Jr. at 4%.

The automated poll of 1,383 likely Detroit primary voters, conducted June 25, had a margin of error of 2.63%. Disano said Main Street Strategies is not affiliated with any of the mayoral candidates.